Justin M. Lichterman

Justin Lichterman, a senior associate in the San Francisco office, focuses his practice on complex and securities litigation.

Mr. Lichterman has experience with securities-related cases involving the Securities Exchange Act, Private Securities Litigation Reform Act and related statutes, as well as matters involving state corporations law.  His experience includes defending securities fraud allegations under the Exchange Act and SEC Rule 10b-5, fiduciary duty cases under Delaware, California and other state laws, merger cases and shareholder disputes in both private start-ups and publicly-traded companies.

Mr. Lichterman also has extensive experience in complex commercial litigation, including representing clients in both jury and bench trials.  In addition to securities-related cases, Mr. Lichterman has litigated complex bankruptcy-related adversary proceedings involving tort and fraudulent transfer claims, complex contract disputes, international arbitrations and other matters in Federal and State courts across the country.

Prior to joining Orrick, Mr. Lichterman was an associate with the San Francisco office of Clifford Chance US LLP.  Before joining Clifford Chance, Mr. Lichterman was a judicial clerk for the Honorable Arthur P. Roy on the Colorado Court of Appeal.

Representative cases include:

• Brandt v. NVIDIA Corp., et al. - represented NVIDIA Corporation through a bench trial in an adversary proceeding involving successor liability, tort and fraudulent transfer claims in San Jose Bankruptcy Court.  Also successfully defended NVIDIA in two related cases, Carlyle Fortran Trust v. NVIDIA Corp. and CarrAmerica Realty Co. v. NVIDIA Corp., in Federal District Court, and in the currently pending appeals in the Ninth Circuit.
• In re WatchGuard Technologies Securities Litigation - obtained dismissals with prejudice on behalf of WatchGuard Technologies, Inc. and several of its former officers and directors in securities fraud claim in the Western District of Washington, and in two related derivative lawsuits, Luke v. Moore and Cervantes v. Borey.
• Sunnyside Development Co. v. Opsys Limited - second chair in jury trial of breach of lease trial on behalf of Opsys Limited, a United Kingdom Company, before the Hon. Judge Marilyn Hall Patel in Federal District Court.
• Examen, Inc. v. VantagePoint Venture Partners 1996 - represented shareholders in the Delaware Court of Chancery and Delaware Supreme Court in landmark case involving choice of law in shareholder voting rights dispute.
• Facebook, Inc. v. Saverin - represented Facebook, Inc. in shareholder litigation.
• In re NVIDIA Corp. Securities Litigation - successfully defended NVIDIA Corporation in a shareholder securities class action and related derivative action, Guttman v. Huang.
• Jabbour v. Nexant, Inc. - successfully represented Nexant, Inc. in complex commercial dispute involving contract, fraud and tort claims relating to Nexant's acquisition of a software company.
• Toigo v. Garlick - obtained voluntary dismissal with prejudice of claims against former directors and officers of Remedy Corporation in connection with the sale of the company to Peregrine Systems, Inc.
• Nazomi Comm'n, Inc. v. NVIDIA Corp. - successfully resolved arbitration on behalf of NVIDIA Corporation.

Admitted in

• California
• New York

Memberships

• State Bar of California
• New York State Bar Association
• American Bar Association
• Bar Association of San Francisco

Multimedia

Publications

• Editor and Co-author, "2006 ALI-ABA Securities Litigation Program: Defending Securities Class Actions."
• Co-author, "2003 ALI-ABA Securities Litigation Program: Defending Securities Class Actions."
• Contributor, Securities Reform Act Litigation Reporter, July 2004 to present.
• "True Threats: Evolving Mens Rea Requirements for Violations of 18 U.S.C. sec. 875(c)," 22 Cardozo L. Rev., 1961, 2001.